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The cause of a person’s death is in issue, and the person gave an account of the transaction leading to…

An FIR, an investigative police statement and a declaration recorded by an Executive Magistrate can each contain a dying declaration. Section 26(a) looks to the content of…

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The cause of a person’s death is in issue, and the person gave an account of the transaction leading to their death. Which combination correctly identifies recording forms in which that account can qualify as a dying declaration under section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023?

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Correct answer D

An FIR, an investigative police statement and a declaration recorded by an Executive Magistrate can each contain a dying declaration. Section 26(a) looks to the content of the maker’s statement and whether the cause of death is in question. Section 181(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, preserves this use of an investigative police statement.

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Option A

An FIR and a police statement can contain a qualifying declaration. A declaration recorded by an Executive Magistrate can qualify as well.

Option B

An FIR and a declaration recorded by an Executive Magistrate can qualify. Section 181(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, also preserves the dying-declaration exception for police statements.

Option C

A police statement and a declaration recorded by an Executive Magistrate can qualify. An FIR can also contain the declarant’s qualifying account.

Option D

Each of the three recording forms can contain a qualifying declaration. Section 26(a) requires the maker’s account of the cause of death or the circumstances of the transaction resulting in it, in a proceeding where the cause of death is in question.

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